ModifiedIndiana Department of InsurancePolicy 2402.20.47

Battered Non-Citizen (Spouse/Child)

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This policy governs Medicaid eligibility for battered non-citizen spouses, children, parents, and related applicants who may qualify under VAWA or other immigration provisions. It distinguishes full-coverage eligibility from emergency-services-only eligibility based on qualified immigration status, the five-year bar, federal exemptions, and required documentation.

Policy Summary

PayerIndiana Department of Insurance

PolicyBattered Non-Citizen (Spouse/Child)

Policy CodePolicy 2402.20.47

Change TypeModified

Effective DateOctober 1, 2026

Next Review DateN/A

Key ActionDo not change immigration status in IEDSS until the member provides a Notice of Approval or other documentation confirming a qualified immigration status change.

SourceLink

POLICY UPDATE CHANGES

Battered immigrants are eligible for full-coverage Medicaid only after adjusting to a qualified non-citizen status or meeting a federal exemption.

Non-citizens who adjust to lawful permanent resident status are not exempt from the five-year bar.

A battered immigrant must have an approved or pending qualifying petition and must also have adjusted to qualified non-citizen status or meet a federal exemption.

Immigration status must not be changed in IEDSS until a Notice of Approval or other documentation confirms a qualified immigration status change.

5 yearsWaiting period for qualified non-citizens subject to the five-year bar

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ModifiedIndiana Department of InsurancePolicy 2402.20.47

Battered Non-Citizen (Spouse/Child)

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Sign up for Indiana Department of Insurance Policy 2402.20.47 alerts

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Policy Summary

PayerIndiana Department of Insurance

PolicyBattered Non-Citizen (Spouse/Child)

Policy CodePolicy 2402.20.47

Change TypeModified

Effective DateOctober 1, 2026

Next Review DateN/A

Key ActionDo not change immigration status in IEDSS until the member provides a Notice of Approval or other documentation confirming a qualified immigration status change.

SourceLink

POLICY UPDATE CHANGES

Battered immigrants are eligible for full-coverage Medicaid only after adjusting to a qualified non-citizen status or meeting a federal exemption.

Non-citizens who adjust to lawful permanent resident status are not exempt from the five-year bar.

A battered immigrant must have an approved or pending qualifying petition and must also have adjusted to qualified non-citizen status or meet a federal exemption.

Immigration status must not be changed in IEDSS until a Notice of Approval or other documentation confirms a qualified immigration status change.

5 yearsWaiting period for qualified non-citizens subject to the five-year bar

Entry-date threshold referenced for five-year-bar treatment

Emergency services onlyCoverage available during the five-year bar unless an exception applies

Full coverageCoverage available after qualified-status adjustment, five years in qualified status, or a federal exemption when applicable

5 pathwaysImmigration petition or relief categories described in the policy

Eligibility and Coverage Determination

Full coverage versus emergency services

Covered with full-coverage Medicaid only when the battered non-citizen has met the qualified-status, adjustment, waiting-period, or federal-exemption requirements. Otherwise, apply emergency-services-only rules.

ONE of the following full-coverage pathways

ALL of the following
- ALL of the following
  - The applicant or member has adjusted to a qualified non-citizen status.
  - The applicant or member entered the United States before 8/22/96, and the applicable qualified-status conditions are met.
- ONE of the following
  - The applicant or member has held qualified status for five years.5 years from the date qualified status is obtained
  - A federal exemption applies that permits full coverage without the five-year bar.
ALL of the following
- The applicant or member has adjusted to a qualified non-citizen status.
- The applicant or member entered the United States on or after 8/22/96.
- The applicant or member has held qualified status for five years.5 years from the date qualified status is obtained
ALL of the following
- The applicant or member has adjusted to a qualified non-citizen status.
- A federal exemption applies that permits full coverage without the five-year bar.

If the five-year bar applies

The applicant or member entered the United States on or after 8/22/96, or is otherwise subject to the five-year bar.
The applicant or member has not yet held qualified status for five years and no exception allowing full coverage applies.

Qualifying petitions and documentation

Confirm an approved or pending qualifying petition or relief application and retain documentation supporting the immigration status determination.

ONE qualifying petition or relief pathway

A Form I-130 petition was filed by the applicant's spouse.
For a child, a Form I-130 petition was filed by the parent.
For an unmarried adult son or daughter of a lawful permanent resident, a Form I-130 petition was filed by the parent.
A Form I-360 petition was filed as a widow(er) of a United States citizen.
A Violence Against Women Act (VAWA) Form I-360 self-petition was approved, or is pending and the Immigration and Naturalization Service issued a Notice of Prima Facie Determination.

Status, Waiting Period, and Immigration References

Immigration forms referencedmixed

I-130	Petition filed by a spouse, parent, or qualifying parent of an unmarried adult son or daughter of an LPR
I-360	Petition as a widow(er) of a United States citizen or VAWA self-petition

Five-Year Qualified-Status Waiting Period

Waiting periodFive years

Start dateThe date the applicant or member obtains qualified status

Entry date distinctionThe five-year waiting period does not begin on the date of entry into the United States

Entry-Date Distinction

Entry before 8/22/96May support full-coverage Medicaid when the stated qualified-status conditions are met

Entry on or after 8/22/96Subject to the five-year bar unless a federal exemption or another exception allowing full coverage applies

Operational Verification Steps

Documentation Required

Verify qualified immigration status

Before authorizing full-coverage Medicaid, determine whether the applicant or member has qualified non-citizen status and has adjusted to that status or meets a federal exemption.

Denial Risk

Apply the five-year bar

For a battered immigrant subject to the five-year bar, authorize emergency services only until the applicant or member has held qualified status for five years or an approved exception allows full coverage. The waiting period begins when qualified status is obtained, not when the person entered the United States.

Documentation Required

Do not update IEDSS prematurely

Key Immigration Terms

Qualified Non-Citizen

Basic definitionAn applicant or member who is a battered immigrant with an approved or pending qualifying immigration petition or relief application

Status requirementThe person has adjusted to a qualified non-citizen status or meets a federal exemption

Qualifying pathwaysThe policy includes Form I-130, Form I-360, VAWA self-petitions, and VAWA cancellation-of-removal or suspension-of-deportation relief

Five-Year Bar

DefinitionThe period during which a battered immigrant subject to the rule receives emergency services only

Beginning of periodThe bar begins when the person obtains qualified status, not when the person enters the United States

Policy Summary

PayerIndiana Department of Insurance

PolicyBattered Non-Citizen (Spouse/Child)

Policy CodePolicy 2402.20.47

Change TypeModified

Effective DateOctober 1, 2026

Next Review DateN/A

Key ActionDo not change immigration status in IEDSS until the member provides a Notice of Approval or other documentation confirming a qualified immigration status change.

SourceLink

On This Page

An application for VAWA cancellation of removal or suspension of deportation was granted, or is pending and the immigration court found that the applicant has a prima facie case for the relief.

ALL of the following

Supporting documentation confirms the qualifying petition or relief application and the applicable immigration status determination.
For a VAWA pathway, documentation includes ONE of the following
- A Notice of Approval for an approved VAWA self-petition.
- A Notice of Prima Facie Determination for a pending VAWA Form I-360 self-petition.
- Documentation of a prima facie finding by the immigration court for pending VAWA cancellation of removal or suspension of deportation.

ALL of the following

A Notice of Approval or other documentation confirms a qualified immigration status change.
The immigration status change is documented before the status is updated in IEDSS.

Coverage during the bar

Emergency services only until qualified status has been held for five years or an applicable exception applies

Do not change immigration status in IEDSS until the member provides a Notice of Approval or other documentation confirming a qualified immigration status change. A pending or approved DHS petition alone does not authorize the status change and may leave the member subject to the five-year bar.

Documentation Required

Review qualifying petitions and relief

Review documentation for an approved or pending qualifying immigration petition or relief application, including Form I-130, Form I-360, a VAWA self-petition or Notice of Prima Facie Determination, or VAWA cancellation of removal or suspension of deportation relief. Review of VAWA applications includes a determination that the applicant has been subject to battery or extreme cruelty.

Form I-130 filed by a qualifying spouse or parent
Form I-360 as a widow(er) of a United States citizen
Approved VAWA Form I-360 or pending Form I-360 with an INS Notice of Prima Facie Determination
Granted or pending VAWA cancellation of removal or suspension of deportation with a prima facie finding by the immigration court

Denial Risk

Assess LPR adjustment

Treat a non-citizen who adjusts to lawful permanent resident status as subject to the five-year bar unless another federal exemption applies. LPR adjustment alone does not establish immediate full-coverage eligibility.

End of periodThe bar ends after five years in qualified status or when status adjustment is approved to one eligible for full coverage with no five-year bar

Prima Facie Determination

DocumentA Notice of Prima Facie Determination is issued by the Immigration and Naturalization Service (INS)

Related applicationIt applies to a pending VAWA Form I-360 self-petition

MeaningThe notice documents that the application makes a prima facie case for immigration status

Battery or Extreme Cruelty

Self-petitioningA VAWA self-petition review includes a determination that the applicant has been subject to battery or extreme cruelty

Cancellation of removalA VAWA cancellation-of-removal application includes a determination that the applicant has been subject to battery or extreme cruelty

Suspension of deportationA VAWA suspension-of-deportation application includes a determination that the applicant has been subject to battery or extreme cruelty